IPilogue

MARCH 6, 2023

This loss for Louboutin follows several years of rejections from the Japan Patent Office (JPO) and JPO Appeal Board to register its trademark for a colour mark consisting of a red (Pantone 18-1663TP) coloured in soles for use in high heels filed on April 1, 2015 (TM App no. 2015-29921 ).

IP 59

IP Branding Brands Branding 59

IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. The concept of passing off under trademarks law was used to provide relief to the plaintiff. It is a common tort law aspect and can be used for unregistered trademarks.

Personality Rights 96

Personality Rights Intellectual Property Social Media Intellectual Property Law 96

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” The court relies on two decisions: (1) In re CTLI, a bankruptcy ruling from 2015 blogged here: “ Company’s Social Media Accounts Transferred in Bankruptcy ” and (2) Int’l Bhd. Teamsters Loc.

Social Media 119

Social Media Ownership Business Branding 119

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

The TTABlog

NOVEMBER 6, 2023

In the 2012-2015 period, Respondent’s domestic sales, measured in dollar amounts, were in the five-to-six figure range annually. "The term 'use in commerce' means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark." Lanham Act, Section 45.

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Registration Branding Brands Branding 61

Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. However, there are still some grey areas clouding this issue. Supreme Court Judgment no.

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

Intepat

MAY 16, 2023

Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. Under this Act, Sec. For instance, in Titan Industries Ltd. In Shivaji Rao Gaikwad v.

Branding 98

Branding Branding Brands Personality Rights 98

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. Japanese Trademark Law, Article 4(1)(viii). ” Id. (at

Registration 52

Registration Trademark Law Trademark Law 52

Technology & Marketing Law Blog

JULY 25, 2021

In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales. Aliign sued lululemon for trademark infringement. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying? Google cases.

Advertising 111

Advertising Advertising Settlement Trademark 111

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. ” Welsh (2015) at 134. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. State of T.N., 2006 QB 125 : (2005) 3 WLR 881 : 2005 EWCA Civ 595.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

IP and Legal Filings

OCTOBER 23, 2024

The integrity of trademark law is seriously threatened by such exploitative strategies, which emphasises the necessity of court action to defend and preserve the rights of rightful trademark owners. A study of Indian and US Trademark Law relating to the effect of ‘Non-Use’of a trademark. [3] 2014). .—(1)The

Trademark 74

Trademark Registration Branding Branding 74

Patently-O

DECEMBER 12, 2021

21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22] 9] 447 U.S.

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Registration Government Advertising Advertising 69